DUTCHESS COUNTY DSS v. DAY


96 N.Y.2d 149 (2001)

749 N.E.2d 733

726 N.Y.S.2d 54

In the Matter of DUTCHESS COUNTY DEPARTMENT OF SOCIAL SERVICES, on Behalf of COLLEEN DAY, Appellant, v. RICHARD DAY et al., Respondents.

Court of Appeals of the State of New York.

Decided May 3, 2001.


Attorney(s) appearing for the Case

Ian G. MacDonald, County Attorney of Dutchess County, Poughkeepsie (Richard A. Ott of counsel), for appellant.

No appearance for respondents.

Susan C. Antos, Albany, Jennifer DeCarli, Rochester, and Ellen Yacknin for Greater Upstate Law Project, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

WESLEY, J.

This case calls upon us to establish the standard for determining a parent's support obligations for a child placed in residential or foster care. We hold that child support obligations in these circumstances are governed by the guidelines set forth in the Child Support Standards Act (CSSA) (see, Family Ct Act § 413).

Petitioner Dutchess County Department of Social Services commenced these proceedings,...

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